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    Heirs of Ildelfonso Coscolluela

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    Maricar Corina Canaya
    1) Heirs of Ildefonso Coscolluela, Inc. owned a pickup truck insured by Rico General Insurance Corp. for damages up to P100,000 excluding third party liability. 2) On August 28, 1987, armed men fired upon the truck, severely damaging it and killing four people. 3) The insurance company refused to pay the P80,000 claim, citing a policy exception for civil commotion. The court ruled in favor of the owners, finding the insurer cannot avoid liability through technical exceptions in the contract.

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    Heirs of Ildelfonso Coscolluela

    Uploaded by

    Maricar Corina Canaya
    33 views1 page
    1) Heirs of Ildefonso Coscolluela, Inc. owned a pickup truck insured by Rico General Insurance Corp. for damages up to P100,000 excluding third party liability. 2) On August 28, 1987, armed men fired upon the truck, severely damaging it and killing four people. 3) The insurance company refused to pay the P80,000 claim, citing a policy exception for civil commotion. The court ruled in favor of the owners, finding the insurer cannot avoid liability through technical exceptions in the contract.

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    1) Heirs of Ildefonso Coscolluela, Inc. owned a pickup truck insured by Rico General Insurance Corp. for damages up to P100,000 excluding third party liability. 2) On August 28, 1987, armed men fired upon the truck, severely damaging it and killing four people. 3) The insurance company refused to pay the P80,000 claim, citing a policy exception for civil commotion. The court ruled in favor of the owners, finding the insurer cannot avoid liability through technical exceptions in the contract.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views1 page

    Heirs of Ildelfonso Coscolluela

    Uploaded by

    Maricar Corina Canaya
    1) Heirs of Ildefonso Coscolluela, Inc. owned a pickup truck insured by Rico General Insurance Corp. for damages up to P100,000 excluding third party liability. 2) On August 28, 1987, armed men fired upon the truck, severely damaging it and killing four people. 3) The insurance company refused to pay the P80,000 claim, citing a policy exception for civil commotion. The court ruled in favor of the owners, finding the insurer cannot avoid liability through technical exceptions in the contract.

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    © All Rights Reserved
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    of 1

    Heirs of Ildelfonso Coscolluela, Sr., Inc. vs. Rico General Insurance Corp.

    ,
    179 SCRA 511, G.R. No. 84628 November 16, 1989

    FACTS: Heirs of Ildefonso Coscoluella, Inc. is a domestic corporation and the registered owner
    of an Isuzu KBD Pick-up truck. The vehicle was insured with the private respondent Rico
    General Insurance Corporation for a consideration of P100,000.00 excluding third party liability.
    The premiums and other expenses for insurance paid covered the period from October 1, 1986
    to October 1, 1987.
    On August 28, 1987, the insured vehicle was severely damaged and rendered unserviceable
    when fired upon by a group of unidentified armed persons at Hacienda Puyas, Negros
    Occidental. In the same incident, four persons died.
    Petitioner filed its claim of P80,000.00 for the repair of the vehicle but private respondent
    refused to grant it. Petitioner filed in RTC for the recovery of claim; private respondent filed a
    motion to dismiss alleging that the complaint lacks a cause of action because the firing by
    armed men is a risk excepted under the following provisions in the insurance policy: x x x any
    accident, loss, damage or liability , x x x contributed to by ivil commotion, mutiny, rebellion,
    insurrection, military or usurped power, or by any direct or indirect consequences of any of the
    said occurrences .
    RTC: dismissed of the complaint for lack of cause of action stating that the damage arose from
    a civil commotion
    Appellate court denied the petition, affirmed the trial court's dismissal order
    Issue:
    Ruling:
    The private respondents invocation of the exceptions clause in the insurance policy as the
    basis for its non-liability and the consequent dismissal of the complaint is without merit. We also
    reiterate the established rule that when the terms of an insurance contract contain limitations on
    liability, the court should construe them in such a way as to preclude the insurer from noncompliance with his obligations.
    A policy of insurance with a narration of exceptions tending to work a forfeiture of the policy shall
    be interpreted liberally in favor of the insured and strictly against the insurance company or the
    party for whose benefit they are inserted.

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